Cabinet Government in the Twentieth Century

This paper examines the main features of the cabinet system as it had emerged during the twentieth century, and which Jennings did so much to crystallize in his pioneering study on Cabinet Government. It then assesses the main changes that have occurred over successive administrations since the late 1970s, and concludes that even if cabinet government seemed to return in 1990 and 2003, it was without the cabinet system that had underpinned and made it effective in the past.     

Copyright Reform in the Early Twentieth Century: the View from Australia

The passage of the Copyright Act 1911 marked a key moment in the development of modern copyright law throughout the British empire. This article seeks to further what we know about the origins of the 1911 Act by examining the attitude of the newly-formed Commonwealth government of Australia towards imperial copyright reform. It seeks to explain why the Commonwealth government became an enthusiastic advocate of imperial unity in copyright matters at a time when Anglo–Australian relations were often strained. It argues that the Australian Copyright Act 1905 fed into a broader process of copyright reform that helped ease Australian acceptance of the 1911 Act. This insight challenges the image of Australia as a passive recipient of British law and lends support to the argument that we need to develop a new model of the flow of legal ideas within the empire.     

20世纪初中国乌托邦小说中的庆典想象

庆典想象在20世纪初中国的乌托邦小说中频繁出现,承载着作家的政治信仰与文学观念,象征着完美的秩序与典范的国家形象。在乌托邦与现实之间复杂关系的影响下,作为药引的庆典时常自然地消融于现实中,想象的重心就此转移到道路探索上,但庆典作为政治象征的意义并未被减弱。在庆典想象中,国家走向公众化与戏剧化,随后,这个想象中的剧场国家又在世界即舞台观念的影响下走向现实,与乌托邦有关的文学因此成为一种行动。     

Hermes: God of Thieves. Plagiarism in Twentieth Century Literature

The question of imitation moves from an open and obvious phase, the phase of Classicism, during which the models from antiquity were imitated with pride and with a conscious desire to set fixed and codified models for compositions, following norms for distinction in well-defined genres, to the period of Romanticism, during which the concept of the work's uniqueness predominated, and the work was seen as the link between God and the world. During the twentieth century the attitude towards plagiarism changed again: in our century the question of artistic originality becomes anxiety-provoking and the relationship with tradition becomes competitive. The heavy weight of tradition creates in the writer a desire to exorcise in some way the fear of the death of creative originality and gives rise to the playful, demystifying re-presentation of previous works, in an attempt to desecrate genres and precursors, re-creating them overtly and covertly at the same time. Thus plagiarism transforms itself into a new creative force, in which tradition is no longer imitated in a subservient, nor a reverential fashion, nor in the sense of the subdivision of pre-established genres. Plagiarism becomes instead a challenge on the same grounds of the canonical authors, demonstrating in this manner a strong capacity to capture the essence of the author's own language (a link to the new emphasis on the act of reading). This revised version was published online in July 2006 with corrections to the Cover Date.     

抄袭与原创:20世纪初期的中国教育研究

因无人知道教育学是什么,教育学在中国兴起之初曾遭遇抄袭问题。1920年代留美教育学者登台又引发新一轮抄袭,即使范源廉曾在教育总长位上提倡发展改善国计民生急需的教育研究,也无法遏制抄袭及美国教学法实验在教育界蔓延。但1925年以来在内部反思、外界批评作用下,教育学仍能寻求新生。尤其陶行知、晏阳初1926年起改从现实国情出发,不仅开拓了有益改善国计民生的原创教育研究进路,还让中国形成了能赢得世界认可的乡村平民教育学派。围绕抄袭与原创考察20世纪初期的中国教育研究,可以拓展既有教育学史研究,并为当代中国教育研究及本土学派建构提供参照。     

Politics and Culture: From the Twentieth Century to the New Millenniumb

In a period in Italy in which the fascist “Ethical State” gave way to a lesser god, the ethical party, culture was transformed into a sort of political pedagogy. Bobbio insisted on the fact that the “first task of intellectuals ought to be to prevent the monopoly of force from becoming the monopoly of truth.” Today the ethical parties have disappeared, along with political pedagogy. Bobbio was aware of the reasons that make participatory democracy difficult: In complex societies citizens are poorly informed judges regarding their own interests; hidden powers condition the visible choices; pluralism borders on corporatism and even on a modern version of feudalism; and, lastly, where mass individualism prevails, perception of the general interest appears increasingly distant and difficult. Consequently, we need a different relationship between culture and politics.     

Cohabitation in Twentieth Century England and Wales: Law and Policy

This article reviews the complex, and sometimes conflicting, policies adopted by the law of England and Wales over the course of the twentieth century. Its aim is to highlight the fact that cohabitation is not merely a modern legal issue, but one with which both the legislature and the courts have had to grapple for decades. It argues that reform has been piecemeal and context-specific because the courts and legislature have not adopted a coherent policy toward cohabiting relationships.     

Demography and discourse in transition:: Quebec Fertility at the Turn of the Twentieth Century

This article is part of a broader research project which seeks to shed new light on Quebec's fertility decline between the 1850s and the 1950s, notably by breaking down barriers between cultural and economic explanations and between quantitative and qualitative analysis. It explores relationships between demographic trends and the public discourse around reproduction in the province at the turn of the twentieth century. Using a collection of articles selected from French-language periodicals published between 1870 and 1920, the article analyzes the reactions of certain public commentators to the prospect of fertility decline in this traditionally prolific province. They identify a shift in the public discussion of fertility in Quebec during World War I. Pride in and celebration of Quebec's large families was superseded in the dominant nationalist discourse by anxiety about diminished rates of reproduction and natalist exhortations to women who might be tempted to restrict their fertility. After documenting and identifying the reasons for this shift, the article discusses a current of opposition which appeared, if only briefly, in the pages of the controversial liberal weekly, Le Pays.     

21世纪中国国际私法的发展与展望

二十世纪国际私法的立法和学说的发展历史值得借鉴,二十一世纪世界经济一体化的发展,使得整个国际社会的国际私法呈现出多种多样的发展趋势;结合中国国情,我国国际私法未来发展,必须理论联系实践,建立中国特色的国际私法学,制定颁布中国的国际私法法典,使二十一世纪中国国际私法的发展具有广阔的前景。     

The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century

This article considers several possible determinants of the transmission of legal precedent across Australian state supreme courts over the course of the twentieth century. The study finds that that the transmission of legal precedent is higher between State supreme courts that are more physically proximate and between state supreme courts in which a majority of judges in both courts are appointed by conservative governments. The study further finds that having an intermediate trial court and providing appointments to the High Court of Australia are correlated with whether a state is a source of interstate citations or a cue sender.     

20世纪大陆法系民法的精神

20世纪以来，以法国和德国为代表的大陆法国家，对古典民法或私法精神进行了重塑和发展。其用现代的均衡主义和复合（混合）主义路线，代替了古典的绝对主义和单一主义路线，使个人和社会、财产和人格、自治和控制的矛盾得到了一定的协调与缓和，并最终建立了个人和社会本位、财产和人格并举、自治和控制相结合的三大民法或私法精神，因此，阻止了民法衰落的势头，使民法或私法重新焕发了生命力。另外，这三大民法精神对于中国统一民法典的制定犹如指路明灯。     

Sex @ the End of the Twentieth Century: Some Re-marks on a Minor Jurisprudence

This article offers a re-reading of Goodrichs essay, Law in the Courts of Love. My contention here is that the idiom of love that Goodrich provides us with in this essay cannot address the complexity of sexuality and sexual politics that inhabit our contemporary technoscientific culture. In so doing, I will juxtapose his essay with Laven Berlant and Michael Warners essay, Public Sex. This article will be divided into three sections. In the first section, I will evaluate and review Goodrichs genealogical approach to law and the image of justice that arises out of his approach. The second section will be a re-reading of Goodrichs Law in the Courts of Love through feminist and technoscientific discourses. Its aim is to problematise and re-think not only the idiom of feminine justice that Goodrich offers, but also to question the presuppositions upon which his work is based, primary presuppositions surrounding issues of privacy, sexuality and sexuated rights. Finally, in the third section I will conclude by suggesting that the re-figuration of justice necessitates a re-figuration of the relationship that law has with time and space.     

20世纪大陆法系的公法理念与制度发展

20世纪大陆法系的发展主要体现在以宪法为核心的公法理念与制度的发展。宪法领域,对人权保护从消极走向积极、从国内走向国际,以进一步保护人权、限制公权;在行政法领域,行政法院以及行政判例制度的建立推动了行政法制的发展和完善;在刑法领域,重罚主义和宽缓主义虽屡有交替,但以废除死刑为契机,刑罚宽缓化、非罪化等人道主义措施终占上风。